Clean house at the Legislative Ethics Commission

In January 1993, in the aftermath of BOPTROT, the most devastating scandal in the history of the Kentucky General Assembly, a chastened legislature created the Legislative Ethics Commission, an independent body assigned the daunting task of maintaining the public's "confidence in the integrity of its (the state's) public officials."

In the wake of the rank obscenity that just occurred in the John Arnold case, the legislature has no alternative but to bulldoze the remaining wreckage of what this commission has wrought, clear the lot, and start all over again (not including the commission's hard-working, conscientious staff).

To recap: John Arnold is the former state representative who, over a period of three years, sexually molested and assaulted three female House leadership staffers. The details of this obviously sick man's actions were recounted, in excruciating detail, by the victims in a hearing a week ago before the Legislative Ethics Commission, whose ranks were depleted by the absence of three members — Paul Gudgel, Deborah Jo Durr, and Norma Scott — who didn't care enough to show up for what was, arguably, the highest-profile case the commission has ever adjudicated.

With a bare quorum of five on hand, there were only four sure votes from commissioners Pat Freibert, Bob Fulkerson, Vernie McGaha and Chairman George Troutman to convict Mr. Arnold of the obvious: He had disgraced his office. Since at least five votes are needed for a "conviction," the pivotal fifth and final vote would be cast by the commission's newest member, Elmer George, a lawyer. Incredibly, despite there being no legal or factual rebuttal to the victims' compelling testimony, Mr. George voted to acquit Mr. Arnold, wrapping his reasons for doing so in a jerry-rigged reliance on legal obfuscations like a non-existent "statute of limitations" and whether or not the commission had "jurisdiction" over a former legislator (Arnold resigned his seat after his conduct was publicized). Odd, but Mr. Arnold's own attorney had not seen fit to raise such ludicrous defenses.

Handed this miracle, one would think the Arnold camp might have been somewhat humbled and reticent. One would be wrong. Arnold's wife pronounced herself "delighted" and "very happy that justice was done." I don't know where Ms. Arnold has ever been employed during her life, but hopefully it was not in any business where "justice" was defined as permitting her male supervisors to slap and fondle her hips or to grab and pull on her underwear, activities visited upon the LRC staffers by her spouse. Far from being "just," this outcome constitutes a mockery of justice.

Galvanized into action by this bizarre turn of events, on Monday, Louisville's Rep. Joni Jenkins proposed an amendment to a pending Senate bill that would completely revamp the commission's rules and procedures. The amendment passed unanimously.

New laws, however, will only cover future cases. In the interim, the Legislative Research Commission (the House and Senate's partisan leadership) should take action now to address the incalcuable damage that has already occurred, including:

If he will not resign, Commission Chairman George Troutman should be fired. Troutman, an accountant no less, can't add and subtract simple dates on a calendar when all of the commission's members will be present. Mind you, this is a man who can schedule a meeting any time he chooses. Worse, he apparently couldn't care less that over a third of his membership missed last week's meeting. "I can't control how people vote," he remarked nonchalantly after the hearing. Or, one supposes, if they even show up.

If he will not resign, no-show commission member Paul Gudgel should be fired. Gudgel, who failed to provide an explanation for his absence, is a former appellate judge who would have been swiftly removed from the bench by the Judicial Retirement and Removal Commission if he didn't show up for work at the courthouse. He needs to go.

If she will not resign, no-show commission member Deborah Jo Durr should be fired. Ms. Durr, who also didn't feel constrained to publicly explain her absence, has a master's degree in "Career Counseling." Such a high calling includes (one is going out on a limb here) advising people looking for a job that the most important attribute to a prospective employer is showing up on time for work. Since Ms. Durr is obviously incapable of adhering to her own "career counseling" advice, she, too, needs to go.

If she will not resign, no-show commission member Norma Scott should be fired. Ms. Scott winters in Florida and thus is out of "commission" (so to speak) for three or four months of the year — a fact she said she told Chairman Troutman, but apparently failed to inform the president of the Kentucky Senate who appointed her. I have visited Florida many times. It's a lovely state dedicated entirely to one industry — tourism — so there are numerous airports from Tallahassee to Key West and all points in between. Ms. Scott thought so little of her responsibility — and this important case — that it wasn't worth a flight home to participate. Adios, Ms. Scott. So sorry we bothered you.

It's important not to miss the real point here.

The Kentucky state legislature is not merely the sum of its parts; despite the occasional misdeed, lapse, buffoonery or outright failure to do the "right thing," nothing should ever detract from the work ethic and the high degree of professionalism that nearly all of these 138 dedicated women and men bring to this demanding, full-time part-time job.

If the John Arnold affair is trivialized, it sullies the reputations of all those who hold an important state office that is truly, however old school such a characterization might sound, asacred public trust. And, worse, it will fuel the rage of the cynics who swear that government of the people, by the people, and for the people has indeed already perished from the earth.

Bob Heleringer is a Louisville attorney and, from 1980 to 2002, served in Kentucky's House from the 33rd District. He can be reached at helringr@bellsouth.net.